California’s Attorney General says lift the stay on marriages




Via press release, we learn that the Attorney General of California, Kamala Harris, has added her voice to those calling for the Ninth Circuit to lift the stay on same-sex marriages:

Attorney General Harris said it is unlikely that an appeal will succeed in overturning Judge Walker’s ruling that Proposition 8 is unconstitutional. The appeal’s likelihood of success has been substantially diminished, Attorney General Harris said, “both by the United States Attorney General’s conclusion that classifications based on sexual orientation cannot survive constitutional scrutiny and by this Court’s certification order to the California Supreme Court, which seriously questions the Court’s jurisdiction to decide the merits of the case.”

In addition, Attorney General Harris said, “there is no injury that the proponents of Proposition 8 will suffer if same-sex couples are permitted to enter into civil marriages in California.” But as long as the stay on same-sex marriages remains in effect, Attorney General Harris said, the due process and equal protection rights of same-sex couples will continue to be violated, perpetuating unconstitutional discrimination and making a stay of Judge Walker’s ruling legally inappropriate.

“The President and the United States Attorney General have determined that they will not continue to defend the Defense of Marriage Act (‘DOMA’),” Harris said, “because it enforces a classification that fails to meet the heightened standard of scrutiny that should apply for equal protection analysis under the Fifth Amendment.”

The California Attorney General’s long-standing position, Harris told the Ninth Circuit, is that Proposition 8 “violates the equal protection clause of the Fourteenth Amendment of the United States Constitution.”

“For 846 days, Proposition 8 has denied equality under the law to gay and lesbian couples,” Attorney General Harris said. “Each and every one of those days, same-sex couples have been denied their right to convene loved ones and friends to celebrate marriages sanctioned and protected by California law. Each one of those days, loved ones have been lost, moments have been missed, and justice has been denied.”

Harris won the A.G.’s race last year by the slimmest of slim margins.


On October 27, 2010, Joe was one of five bloggers who interviewed President Obama. Joe is a DC-based political consultant with over twenty-five years of experience at both the state and federal level. Joe has managed political operations and legislative efforts for both candidates and issues-based organizations. For seven years, he was the Director of State Legislation at Handgun Control, Inc. He served as that organization's first Political Director during the 2000 cycle. Joe is a graduate of the University of Maine School of Law. In addition, he has a Masters in Public Administration from Lehigh University and received his B.A. from the University of New Hampshire. Joe also has a fun dog, Petey, a worthy successor to Boomer, who got Joe through eight years of Bush and Cheney. Joe likes to think he is a world class athlete having finished the 2005 Chicago Marathon in the time of 4:10. He has completed six other marathons as well -- and is still determined to break the four hour mark.

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